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SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THURSTON COUNTY

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THE ASSOCIATED PRESS, NORTHWEST
NEWS NETWORK, KING-TV (“KING 5”),
KIRO 7, ALLIED DAILY NEWSPAPERS OF
WASHINGTON, THE SPOKESMANREVIEW, WASHINGTON NEWSPAPER
PUBLISHERS ASSOCIATION, SOUND
PUBLISHING, INC., TACOMA NEWS, INC.
(“THE NEWS TRIBUNE,”) and THE
SEATTLE TIMES,

No.
COMPLAINT FOR
PUBLIC RECORD ACT
VIOLATIONS

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Plaintiffs,
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vs.
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THE WASHINGTON STATE
LEGISLATURE; THE WASHINGTON
STATE SENATE, THE WASHINGTON
STATE HOUSE OF REPRESENTATIVES,
Washington state agencies; and SENATE
MAJORITY LEADER MARK SCHOESLER,
HOUSE SPEAKER FRANK CHOPP,
SENATE MINORITY LEADER SHARON
NELSON, and HOUSE MINORITY LEADER
DAN KRISTIANSEN each in their official
capacity,

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Defendants.
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Comes now Plaintiffs The Associated Press, Northwest News Network, KING-TV
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(“KING 5”), KIRO 7, Allied Daily Newspapers of Washington, The Spokesman-Review,
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Washington Newspaper Publishers Association, Sound Publishing, Inc., Tacoma News, Inc.
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(“The News Tribune,”) and The Seattle Times, and for their cause of action against Defendants

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allege as follows:
I. PARTIES

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A.

Plaintiffs

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1.

Plaintiff The Associated Press (“AP”) is an independent, not-for-profit news

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cooperative headquartered in New York City and with journalists located in every state,

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including Washington, and in over 100 countries. AP is one of the oldest newsgathering

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organizations in the world, with more than one billion readers, listeners, and viewers.

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2.

Plaintiff Northwest News Network (“NWN”) is a collaboration of public radio

stations that broadcast in Washington, Oregon and Idaho.
3.

Plaintiff KING-TV (“KING 5”) is a broadcast media company and NBC affiliate

based in Seattle, Washington.
4.

Plaintiff KIRO 7 is a broadcast media company and CBS affiliate based in

Seattle, Washington.
5.

Plaintiff Allied Daily Newspapers of Washington (“ADNW”) is a trade

association representing 25 daily newspapers in Washington State.
6.

Plaintiff The Spokesman-Review is a daily newspaper located in Spokane,

Washington.
7.

Plaintiff Washington Newspaper Publishers Association (“WNPA”) is a

newspaper association representing more than 100 community newspapers in Washington State.
8.

Plaintiff Sound Publishing is a media organization and publisher of 49

newspapers within Washington State.
9.

Plaintiff The Seattle Times is a daily newspaper located in Seattle, Washington

published by The Seattle Times Company in King County, Washington.
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Plaintiff Tacoma News, Inc., is the publisher of The News Tribune, which is a

daily newspaper located in Tacoma, Washington.

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11.

The Plaintiffs above made public record act requests at issue in this case.

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B.

Defendants

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12.

Defendant The Washington State Legislature is an agency of the State of

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Washington.

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13.

Defendant The Washington State Senate is an agency of the State of Washington.

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14.

Defendant The Washington State House of Representatives is an agency of the

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State of Washington.

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16.

Defendant Frank Chopp is the House Speaker for the Washington State House of

Representatives.

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Defendant Mark Schoesler in the Senate Majority Leader of the Washington State

Senate.

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15.

17.

Defendant Sharon Nelson is the Senate Minority Leader of the Washington State

18.

Defendant Dan Kristiansen is the House Minority Leader of the Washington State

Senate.

House of Representatives.
19.

Defendants Schoesler, Chopp, Nelson, and Kristiansen are the respective leaders

of the four caucuses at the Washington State Legislature.
20.

Defendants Washington State Legislature, Washington State Senate, and

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Washington State House of Representatives are headquartered in Olympia, WA, in Thurston

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County.

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21.

Defendants Schoesler, Chopp, Nelson, and Kristiansen maintain official offices in

Olympia, Washington on the State Capitol Campus.
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22.

The public records at issue are located in Thurston County, or in other agency

facilities which answer to the Defendants.

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23.

The Defendants are each an “agency” under RCW 42.56.010(1).

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24.

The Defendants are subject to the Public Records Act, ch. 42.56 RCW.

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25.

The Defendants are the agencies to which the public records requests at issue

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were made.
26.

The requests were sent to official agency email addresses of the Defendants and

all responses have come from Thurston County.
II. VENUE AND JURISDICTION

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27.

This Court has jurisdiction pursuant to RCW 42.56.550(1).

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28.

Venue is appropriate in Thurston County pursuant to RCW 42.56.550(1).
III. FACTS

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A.

Background

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29.

In November 1972, the people of the State of Washington passed Initiative I-276

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by a vote of 959,143 for to 372,693 against.
30.

The Initiative required all state, county, and city governments to allow and

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provide access to their records and required disclosure of all political campaign and lobbying

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contributions and expenditures as well as full access to information concerning the conduct of

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government.

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31.

The Initiative created the Public Disclosure Act, and was signed into law by

Governor Daniel J. Evans in 1973, at RCW 42.17 et seq.
32.

The public record portion of the law was later re-named the Public Records Act

and moved to RCW 42.56, et. seq.

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33.

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SECTION 1. Declaration of Policy. It is hereby declared by the sovereign people
to be the public policy of the State of Washington:
(1) That political campaign and lobbying contributions and expenditures
be fully disclosed to the public and that secrecy is to be avoided.
(2) That the people have the right to expect from their elected
representatives at all levels of government the utmost of integrity, honesty and
fairness in their dealings.
(3) That the people shall be assured that the private financial dealings of
their public officials, and of candidates for those offices, present no conflict of
interest between the public trust and private interests.
(4) That our representative form of government is founded on a belief that
those entrusted with the offices of government have nothing to fear from full
public disclosure of their financial and business holdings, provided those officials
deal honestly and fairly with the people.
(5) That public confidence in government at all levels is essential and must
be promoted by all possible means.
(6) That public confidence in government at all levels can best be
sustained by assuring the people of the impartiality and honesty of the officials in
all public transactions and decisions.
(7) That the concept of attempting to increase financial participation of
individual contributors in political campaigns is encouraged by the passage of the
Revenue Act of 1971 by the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the state level.
(8) That the concepts of disclosure and limitation of election campaign
financing are established by the passage of the Federal Election Campaign Act of
1971 by the Congress of the United States, and in consequence thereof it is
desirable to have implementing legislation at the state level.
(9) That small contributions by individual contributors are to be
encouraged, and that not requiring the reporting of small contributions may tend
to encourage such contributions.
(10) That the public's right to know of the financing of political campaigns
and lobbying and the financial affairs of elected officials and candidates far
outweighs any right that these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy and of the
desirability of the efficient administration of government, full access to
information concerning the conduct of government on every level must be assured
as a fundamental and necessary precondition to the sound governance of a free
society.
The provisions of this act shall be liberally construed to promote complete
disclosure of all information respecting the financing of political campaigns and
lobbying, and the financial affairs of elected officials and candidates, and full
access to public records so as to assure continuing public confidence in fairness of
elections and governmental processes, and so as to assure that the public interest
will be fully protected.

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Initiative I-276 contained the following declaration of policy:

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34.

Initiative I-276 mandated that “Each agency, in accordance with published rules,

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shall make available for public inspection and copying all public records.”
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35.

Initiative I-276 defined public record as follows: “‘Public record’ includes any

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writing containing information relating to the conduct of government or the performance of any
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governmental or proprietary function prepared, owned, used or retained by any state or local
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agency regardless of physical form or characteristics.”
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36.

Initiative I-276 defined “agency” as follows: “‘Agency’ includes all state

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agencies and all local agencies. ‘State agency’ includes every state office, public official,
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department, division, bureau, board, commission or other state agency. ‘Local agency’
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includes every county, city, city and county, school district, municipal corporation, district,
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political subdivision, or any board, commission or agency thereof, or other local public 'agency.”
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(emphasis added)
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37.

Initiative I-276, by its definition of “agency” to include “every state office, public

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official, department, division, bureau, board, commission or other state agency” showed its
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intention that it apply to the Washington State Legislature, Washington State Senate,
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Washington State House of Representatives and the individual Washington State Senators and
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Washington State Representatives.
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38.

In 1977, the Legislature amended the definition of “agency” in the Act to remove

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the words “public official” but kept the remaining parts of the definition. The bill summary
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made clear the edit was “to be more specific in encompassing all governmental units at each
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level of state and local government.”
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39.

In 1995, the Legislature amended the Act again, creating a definition for the

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words “State Office” in the Act. The amendment, passed into law and signed by the Governor,

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defined “State Office” for purposes of the definition of “agency” as follows: “‘State office’

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means state legislative office or the office of governor, lieutenant governor, secretary of state,

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attorney general, commissioner of public lands, insurance commissioner, superintendent of

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public instruction, state auditor, or state treasurer.”

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40.

The 1995 amendment, signed by the Governor and enacted into law, defined

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“State Legislative Office” – a term contained within the definition “State Office” – as follows:

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“‘State legislative office’ means the office of a member of the state house of representatives or

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the office of a member of the state senate.”
41.

This same 1995 amendment contained an edit to the section defining “public

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record”. The 1995 amendment, signed and enacted into law by the Governor, kept the definition

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of public record as “‘Public record’ includes any writing containing information relating to the

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conduct of government or the performance of any governmental or proprietary function

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prepared, owned, used, or retained by any state or local agency regardless of physical form or

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characteristics.” It then added a specific definition for public records possessed by the Office of

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the Secretary of the Senate and the Office of the Chief Clerk of the House, which the same 1995

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amendment assigned collection and archival duties for transfer of certain materials to the

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Secretary of State or State Archives regarding the creation of State Laws and other specific

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documents. The sentences added to the definition of “public record” read as follows: “For the

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office of the secretary of the senate and the office of the chief clerk of the house of

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representatives, public records means legislative records as defined in RCW 40.14.100 and also

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means the following: All budget and financial records; personnel leave, travel, and payroll

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records; records of legislative sessions; reports submitted to the legislature; and any other record
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designated a public record by any official action of the senate or the house of representatives.”

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This provision did not change the definition of “Agency”, and “agency” was defined in this same

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Amendment to still include “State Office,” and “State Office” was defined to include “State

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Legislative Office,” and “State Legislative Office” was defined as “the office of a member of the

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state house of representatives or the office of a member of the state senate.”

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42.

In 2003, lawmakers in the Senate introduced a bill that would have clearly

exempted lawmakers from the public records portion of the Act. The bill did not pass.
43.

In 2005, an amendment to a bill had the same language exempting lawmakers

from the public records portion of the Act was adopted by the Senate but rejected by the House.
44.

Although the legislative history and language of the provisions clearly show that

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The Legislature and State Legislative Offices of the individual members of the state house of

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representatives and state senate are “agencies” under the law and subject individually to the law

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– and in 2003 and 2005 lawmakers understood they were subject to the public records portion of

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the law as they tried to pass bills to exempt themselves, the State Legislature and individual

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legislators have recently begun claiming themselves, their legislative offices, and their records

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not subject to the law based on the 1995 amendment language.

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45.

The State Legislature, its staff, and the individual legislators taking this position

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are wrong, and this lawsuit is necessary to establish the Legislature did not reverse the will of the

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people in Initiative I-276 and remove or narrow its reach to the very elected individuals with

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which that initiative was so deeply concerned.

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46.

Hundreds of highly-important records of the Washington Legislature and elected

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legislators are being withheld from the public, depriving the media and public of information to

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which it is entitled and which is essential to informed governance.

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47.

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The people of this state do not yield their sovereignty to the agencies that serve
them. The people, in delegating authority, do not give their public servants the
right to decide what is good for the people to know and what is not good for them
to know. The people insist on remaining informed so that they may maintain
control over the instruments that they have created. The public records
subdivision of this chapter shall be liberally construed and its exemptions
narrowly construed to promote this public policy.

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48.

It is time for the Legislature to re-read these words and to follow them.

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B.

January 25, 2017 PRA Request of Walker Orenstein, The News Tribune

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49.

On January 25, 2017, Walker Orenstein of The News Tribune in Tacoma made a

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In 1992, the Legislature amended the Act to add the following mandate:

PRA request to Senator Doug Ericksen for his personal schedule or calendar from January 8,
2016 through January 25, 2016.
50.

On February 1, 2017, Senate Counsel Jeannie Gorrell responded to the PRA

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request. Ms. Gorrell purported to quote RCW 42.56.010(2) but quoted the then-version of RCW

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42.56.010(3) instead:

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"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or proprietary
function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office of the secretary of the
senate and the office of the chief clerk of the house of representatives, public
records means legislative records as defined in RCW 40.14.100 and also means
the following: All budget and financial records; personnel leave, travel, and
payroll records; records of legislative sessions; reports submitted to the
legislature; and any other record designated a public record by any official action
of the senate or the house of representatives.

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She then quoted a portion of RCW 40.14.100. She then stated “Based on these definitions, what

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you have requested does not fall under the definitions of a public record as that term is applied to

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the Senate, and therefore, the Senate does not have any public records responsive to your

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request.”

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51.

No documents were produced.
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52.

No further explanation was provided.

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53.

Ms. Gorrell did not identify records being withheld.

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54.

Ms. Gorrell did not identify any exemption authorizing the withholding or explain

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how any statute applied to the records being withheld.
C.

First January 30, 2017 PRA Request of Austin Jenkins of Northwest News
Network and Joseph O’Sullivan of the Seattle Times.

55.

On January 30, 2017, Austin Jenkins of the Northwest News Network (“NWN”)

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and Joseph O’Sullivan of the Seattle Times made a Public Record Act request to Defendants the

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Washington State Legislature, Washington State Senate, Washington State House of
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Representatives, Speaker Chopp, Representative Kristiansen, Senator Schoesler and Senator
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Nelson.
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56.

The January 30, 2017 PRA request sought copies of office calendars or schedules

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of Kristiansen, Chopp, Schoesler, and Nelson from December 1, 2016 through January 30, 2017,
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any emails to or from these four leaders pertaining to the state budget or education funding
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matters from December 1, 2016 through January 30, 2017 and communications or documents,
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including emails from December 1, 2016 through January 30, 2017 between any of these four
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leaders and education lobbyists.
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57.
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On February 6, 2017, Senate Counsel Jeannie Gorrell emailed Mr. Jenkins

responding to his request on behalf of the Defendants. Ms. Gorrell stated she “expect[ed] to be

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ready with a full response to you by the end of next week (February 17).” Ms. Gorrell did not
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cite any exemptions for the records nor did she identify the responsive records.
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58.

On February 16, 2017, Mr. Gorrell again emailed Mr. Jenkins stating she was

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responding to the January 30, 2017 PRA request. Ms. Gorrell purported to quote the definition
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of “public record” in the PRA but incorrectly attributed it as RCW 42.56.010(2) rather than

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RCW 42.56.010(3), which at the time read as follows:
"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or proprietary
function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office of the secretary of the
senate and the office of the chief clerk of the house of representatives, public
records means legislative records as defined in RCW 40.14.100 and also means
the following: All budget and financial records; personnel leave, travel, and
payroll records; records of legislative sessions; reports submitted to the
legislature; and any other record designated a public record by any official action
of the senate or the house of representatives.

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59.

Ms. Gorrell then quoted a portion of RCW 40.14.100, omitting a relevant part.

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RCW 40.14.100 reads in full as follows:
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As used in RCW 40.14.010 and 40.14.100 through 40.14.180, unless the context
requires otherwise, "legislative records" shall be defined as correspondence,
amendments, reports, and minutes of meetings made by or submitted to
legislative committees or subcommittees and transcripts or other records of
hearings or supplementary written testimony or data thereof filed with
committees or subcommittees in connection with the exercise of legislative or
investigatory functions, but does not include the records of an official act of the
legislature kept by the secretary of state, bills and their copies, published
materials, digests, or multi-copied matter which are routinely retained and
otherwise available at the state library or in a public repository, or reports or
correspondence made or received by or in any way under the personal control of
the individual members of the legislature.

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60.

Ms. Gorrell then stated “Given these definitions, the Legislature does not have

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any public records that are responsive to your request.”
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61.

No documents were produced.

62.

No further explanation was provided.

63.

Ms. Gorrell did not identify records being withheld.

64.

Ms. Gorrell did not identify any exemption authorizing the withholding or explain

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how any statute applied to the records being withheld.
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D.

Second January 30, 2017 PRA Request of Austin Jenkins, Northwest News
Network, and Joseph O’Sullivan, Seattle Times

65.

On January 30, 2017, Austin Jenkins of Northwest News Network and Joseph

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O’Sullivan of the Seattle Times made a joint request to Representative Melanie Stambaugh’s

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office for copies and transcripts of all legislative videos Representative Stambaugh has recorded
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between January 12, 2015 and January 30, 2017, copies of Representative Stambaugh’s office
calendar for the same time period, and copies of Representative Stambaugh’s legislative emails

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between December 1, 2015 and January 30, 2017.
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66.
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On March 1, 2017, House Counsel Alison Hellberg responded to the request

seeking clarification. It stated “The Chief Clerk is the records custodian for the House of
Representatives and my office routinely responds to public records on his behalf.” She then
purported to state the definition of “public record” from the PRA, but claimed to be quoting

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RCW 42.56.010(2), the wrong section, and then quoted only a portion of the actual definition, at
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RCW 42.56.010(3) omitting the definition of public record entirely. Instead she started with the
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clause “public records means legislative records as defined in RCW 40.14.100” omitting the

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precursor to that clause that that definition only applied to requests to the Office of the Chief
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Clerk of the House and the Office of the Secretary of the Senate in their capacity as the collector
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of certain materials related to the creation of legislation. The response further stated “The strict

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terms of these definitions may limit what is available under your request, but Representative
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Stambaugh wishes to be transparent and provide as many documents as possible.” The response

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purported to provide links to the videos Representative Stambaugh recorded since January 12,
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2015 through January 30, 2017. It stated the House Republican Caucus does not create
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transcripts of videos “so those documents do not exist.” It sought a narrowing of the date range

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for the calendars and emails but indicated a willingness to produce the records.
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2

On February 7, 2017, Mr. Jenkins and Mr. O’Sullivan narrowed their request for

calendars and emails to one month, the last month, January 7, 2017 to February 7, 2017.
68.

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On March 1, 2017, Ms. Hellberg emailed Mr. Jenkins and Mr. O’Sullivan what

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she said were copies of Representative Stambaugh’s calendar from January 7 to February 7,

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2017.

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69.

On March 10, 2017, Ms. Hellberg emailed Mr. Jenkins and Mr. O’Sullivan what

she claimed were Representative Stambaugh’s emails. She stated:
While the emails you requested do not meet the strict terms of the definition of
“public records” that applied to the Legislature, Representative Stambaugh wishes
to be transparent and provide you with redacted emails from January 7 to
February 7, 2017. She is not providing legislatively privileged communications
or communications with constituents regarding sensitive casework. With this
response, I believe the House has fully complied with your request.

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70.

No further documents were produced.

71.

No further explanation was provided.

72.

Ms. Hellberg did not identify the records being withheld.

73.

Ms. Hellberg did not identify any exemption authorizing the withholding or

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explain how any statute applied to the records being withheld.
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E.

January 30, 2017, PRA Request of Rachel La Corte, Associated Press

74.

On January 30, 2017, Rachel La Corte of the Associated Press made three

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separate PRA requests to the Washington State Legislature, Washington State Senate, and
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Washington House of Representatives. The requests sought all investigative records related to
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the investigation of Representative Young’s behavior related to staffers, reports on staff

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complaints against lawmakers made over the past three years, reports on all Senate and House
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investigations made within that same timeframe of inappropriate or abusive behavior by
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lawmakers toward staff, and actions taken by the Senate and House against lawmakers because

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of interactions with staff.

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75.

On February 6, 2017, Washington State House of Representatives Counsel Alison

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Hellberg and Washington State Senate Counsel Jeannie Gorrell jointly responded to the requests.

5

They claimed to quote RCW 42.56.010(2) but quoted a portion of RCW 42.56.010(3) instead.

6

They omitted the definition of “public record” in that statute and instead began with the language

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“public records means legislative records as defined in RCW 40.14.100…” They also quoted a

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portion of RCW 40.14.100. They then stated “Given these definitions, there are no responsive

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public records.”

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76.

No documents were produced.

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77.

No further explanation was provided.

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78.

They did not identify records being withheld.

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79.

They did not identify any exemption authorizing the withholding or explain how

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15

any statute applied to the records being withheld.
80.

The response failed to disclose or identify a record disciplining Representative

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Young and informing him that he no longer would have supervisory oversight of legislative staff

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after reports he mistreated staffers.

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F.

January 30, 2017, PRA Request of Melissa Santos, The News Tribune

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81.

On January 30, 2017, Melissa Santos of The News Tribune in Tacoma made a

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PRA request to the Chief Clerk of the House for “a copy of the letter disciplining Jesse Young.”

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Mr. Young was disciplined by being barred from dealing with legislative assistants for at least a

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year after allegations of mistreatment. The information on the sanction was only learned after a

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copy of a letter sent to Rep. Young was leaked to the Associated Press. In that December 13,

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2016 letter sent from a House attorney, Rep. Young was notified that the chamber was taking

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actions to address a “pattern of hostile and intimidating behavior.”

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82.

House Counsel Alison Hellberg responded to the request on February 2, 2017.

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She purported to quote a portion of RCW 42.56.010(2) but actually quoted an excerpt of RCW

5

42.56.010(3) instead. She omitted the definition of “public records” in that section and began

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instead with the words “public records means legislative records as defined in RCW

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40.14.100…”. She also quoted an excerpt of RCW 40.14.100. She then stated “Given these

8

definitions, there are no responsive public records.”

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83.

No documents were produced.

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84.

No further explanation was provided.

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85.

She did not identify records being withheld.

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86.

She did not identify any exemption authorizing the withholding or explain how

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any statute applied to the records being withheld.

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G.

February 16, 2017 PRA Request of Rachel La Corte, Associated Press

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87.

On February 16, 2017, Rachel La Corte of the Associated Press made a PRA

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request to the Washington State Legislature and Washington State Senate for a copy of Senator

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Ericksen’s calendar from January 9, 2017 through February 16, 2017. Senator Ericksen had

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indicated during a press conference an openness to release of his calendars.

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88.

Senator Ericksen had accepted a temporary position in the Trump Administration

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at the Environmental Protection Agency and was splitting his time between Olympia and

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Washington D.C. during the most recent legislative session when the State Legislature was

22

trying to agree on a budget and address educational funding to stop the daily judicial fines being

23

levied against the State due to the Washington State Supreme Court ruling.

24
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2
3

89.

Senate Counsel Jeannie Gorrell responded to the request by email on February 22,

90.

In her response, Ms. Gorrell claimed to be quoting RCW 42.56.010(2) but quoted

2017.

4

the then-version of RCW 42.56.010(3) instead. She also quoted RCW 40.14.100. She then

5

stated “Based on these definitions, what you have requested does not fall under the definition of

6

a public record as that term is applied to the Senate, and therefore, the Senate does not have any

7

public records responsive to your request.”

8

91.

No documents were produced.

9

92.

No further explanation was provided.

10

93.

She did not identify records being withheld.

11

94.

She did not identify any exemption authorizing the withholding or explain how

12
13

any statute applied to the records being withheld.
H.

February 16, 2017 PRA Request of Austin Jenkins, Northwest News
Network

95.

On February 16, 2017, Austin Jenkins of Northwest News Network made a PRA

14
15
request. It was emailed to Senate Secretary Hunter Goodman and Chief Clerk of the House
16
Bernard Dean. It sought the following:
17
18
19
20

…all records related to substantiated and unsubstantiated allegations of sexual
harassment and or sexual misconduct against elected members of the Washington
Legislature…. for the period Jan. 1, 2004 to the present. These records should
include, but not be limited to, investigative reports and documents, statements or
summaries of allegations, responses from the member, witness interviews and
formal or informal letters of sanctions/warning to members.

21
96.
22

On March 10, 2017, Senate Counsel Alison Hellberg responded to the request.

She stated in relevant part “The Secretary of the Senate is the records custodian for the Senate

23
and the Chief Clerk is the records custodian for the House of Representatives. Our offices
24
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routinely respond to public records requests on their behalf.” She then purported to quote RCW

2

42.56.010(2) but actually quoted a portion of RCW42.56.010(3) instead. She omitted the

3

definition of public records from that provision and instead began with the words “public records

4

means legislative records as defined in RCW 40.14.100…” She then quoted an excerpt of RCW

5

40.14.100. She then stated “Given these definition, the records you have requested are not

6

subject to disclosure. With this response the Legislature has fully complied with your request.”

7

97.

No documents were produced.

8

98.

No further explanation was provided.

9

99.

Ms. Hellberg did not identify records being withheld.

10

100.

Ms. Hellberg did not identify any exemption authorizing the withholding or

11

explain how any statute applied to the records being withheld.

12

I.

April 4, 2017 PRA Request of Melissa Santos, The News Tribune

13

101.

On April 4, 2017, Melissa Santos of The News Tribune in Tacoma made two

14

identical PRA requests – one sent to Senate Counsel Jeannie Gorrell and cc’d to Hunter

15

Goodman, Secretary of the Senate, and one sent to House Counsel Alison Hellberg and cc’d to

16

House Clerk Bernard Dean. In both Ms. Santos sought copies of complaints against state

17

lawmakers from legislative staff, lobbyists, members of the public or colleagues regarding

18

lawmakers’ conduct filed or submitted between April 1, 2012 and April 1, 2017, investigations

19

into lawmakers’ conduct and the results of investigations during that same time period, and all

20

disciplinary actions, letters of reprimand or sanctions issued to lawmakers between April 1, 2012

21

and April 1, 2017.

22

102.

23

On April 11, 2017, Ms. Gorrell acknowledged both requests stating she would

respond by April 26, 2017.

24
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103.

On April 26, 2017, Ms. Gorrell responded to the requests. She quoted the

2

definition of public record found at RCW 42.56.010(3) incorrectly citing it as RCW

3

42.56.010(2). She then quoted an excerpt of RCW 40.14.100. Ms. Gorrell produced a handful

4

of records she claimed were the “public records responsive to your request.” They were 11 pdf

5

documents totaling 154 pages along with an Excel spreadsheet containing four worksheets. The

6

documents contained records that had already been made public. The records produced

7

contained redactions, and Ms. Gorrell did not identify an exemption for those redactions or

8

explain how the exemptions applied to the redacted material.

9

104.

Ms. Gorrell did not include a record that Ms. Santos knew to exist that also fell

10

within the scope of her request. It was a letter from House counsel informing State

11

Representative Jesse Young that he no longer would have supervisory oversight of legislative

12

staff after reports he mistreated staffers. The Associated Press had reported on this letter in

13

January 2017, three months earlier. The document was not produced in response to Ms. Santos’s

14

requests although it fell within the scope of her requests.

15

105.

No further explanation was provided.

16

106.

Ms. Gorrell did not identify any records as being withheld.

17

107.

Ms. Gorrell did not identify any exemption authorizing the withholding or explain

18

how any statute applied to the records being withheld.

19

J.

April 12, 2017 PRA Request of Rachel La Corte, Associated Press

20

108.

On April 12, 2017, Rachel La Corte of the Associated Press made a PRA request

21

to the Washington State Legislature, Washington State Senate and Washington State House or

22

Representatives. She emailed her PRA request to Senate Counsel Jeannie Gorrell and House of

23

Representative’s Counsel Alison Hellberg. The PRA request sought reports on staff complaints

24

against lawmakers made over the past five years, reports on all legislative investigations made
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within that same time frame of inappropriate or abusive behavior by lawmakers toward staff, and

2

actions taken by each chamber against lawmakers because of interactions with staff.

3
4
5

109.

On April 14, 2017, Ms. Hellberg responded saying they required until April 26,

2017 to provide a response.
110.

On April 26, 2017, Ms. Hellberg responded to the PRA request. Ms. Hellberg

6

purported to quote RCW 42.56.010(2) but actually quoted an excerpt of RCW 42.56.010(3). She

7

omitted the definition of “public record” in that section and begin with the words “public records

8

mean legislative records as defined in RCW 40.14.100…” She also quoted a portion of RCW

9

40.14.100. She then stated simply “Attached are the public records responsive to your request.”

10

Produced were a handful of documents with some information redacted. No exemption was

11

cited for the redactions, nor was any explanation provided for how such an exemption applied to

12

the redactions made. Ms. Hellberg did not disclose what other records existed that were not

13

being produced, and the statutory basis for any such withholding.

14

K.

June 2, 2017, PRA Request of The Associated Press, Northwest News
Network, The Spokesman-Review, Sound Publishing, The News Tribune,
The Seattle Times, KING 5, KIRO 7, Allied Daily Newspapers of
Washington and Washington Newspaper Publishers Association.

111.

On June 2, 2017, Rachel La Corte, Joe O’Sullivan, Jerry Cornfield, and Jim

15
16
17

Camden collectively submitted 147 individual PRA requests on behalf of The Associated Press,
18
Northwest News Network, The Spokesman-Review, Sound Publishing, The News Tribune, and
19
The Seattle Times. The PRA requests were sent to every member of the Washington State
20
Senate and every member of the Washington State House of Representatives. The senders
21
carbon copied their fellow requestors on the communications, made clear the request was on
22
behalf of all those news organizations and that responses should be sent to all those news
23
organizations. In addition to the above named organization, the requests made to leaders of the
24
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four caucuses – Senate Majority Leader Mark Schoesler, House Speaker Frank Chopp, House

2

Minority Leader Dan Kristiansen, and Senate Minority Leader Sharon Nelson – were also made

3

on behalf of and copied in representatives of KING 5, KIRO 7, Allied Daily Newspapers of

4

Washington, and the Washington Newspaper Publishers Association. The PRA requests sought

5

copies of the Senators’ and Representatives’ calendars/schedules from January 9, 2017 through

6

June 1, 2017, and copies of any text messages received or sent by them related to their legislative

7

duties between January 9, 2017 and June 1, 2017.

8
9
10
11

112.

On June 2, 2017, Senator Jamie Pedersen of the 43rd Legislative District

responded that “The Office of Senate Counsel will be responding to this request on my behalf.”
113.

On June 2, 2017, Senator Jan Angel responded “I will forward this on to our

attorney so it gets to the appropriate person.”

12

114.

13

This is really a sad comment on the state of our press. 5 months down the road
and you are asking for this stuff for 5 months back when you (the press overall)
should have been on top of it in the first place. It was almost tempting to say, “I
will, if Donald Trump will,” as a response. I have no problem with access to
those communications that bear on my legislative duties and calendar, and staff
are currently working on it for the appropriate response beyond my snarky
remarks.

14
15
16

On June 2, 2015, Representative Mike Sells responded saying:

17
115.

Representative Sells did not ultimately produce any records, nor were his records

18
provided by anyone else.
19
116.

On June 4, 2017, Washington State Representative Gerry Pollet responded by

20
releasing his calendars to the requestors unredacted. His cover email stated in relevant part
21
“Because I believe that openness and disclosure regarding any public duties are vital for media
22
and public accountability, I have downloaded my calendar for you without delay. … I believe
23
that a case can be argued that calendars may be open to inspection, with appropriate redaction of
24
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personal/privacy and internal decisionmaking related material per the normally applicable

2

exemptions to the Public Records Act, to the extent your request is reasonably related to

3

legislative “budget,” “financial,” and/or “travel” records which are within the definition of

4

public records pursuant to RCW 42.56.010(3).” He produced 48 pages of calendars. He stated

5

that he was referring the request for text message to the House of Representatives for an official

6

reply.

7
8

117.

request. I am forwarding your request to House counsel to help with compliance.”

9

118.

10

anyone else.

11

119.

12
13

On June 5, 2017, Representative Zack Hudgins responded “Thanks for your

Records for Representative Hudgins were not ultimately produced by him or

No other individual Senator or Representative responded directly to the

requestors.
120.

On June 7, 2017, Senate Counsel Jeannie Gorrell emailed the requestors

14

acknowledging the requests to all the legislators. She stated “The Secretary of the Senate is the

15

records custodian for the Senate and the Chief Clerk is the records custodian for the House of

16

Representatives. Our offices routinely respond to public records requests on their behalf.” She

17

stated “we anticipate that we will have a response for you by June 23.” The request was sent on

18

behalf of herself and House of Representatives Counsel Alison Hellberg.

19

121.

20

Due to the lack of legislative activity right now, we believe a delay is unnecessary
and hope that our request can received a response earlier than the anticipated June
23 date (especially since the likelihood of yet another special session is highly
possible at that time). Because our requests were made directly to the individual
lawmakers--who maintain their own calendars and have sole control over their
phones--it seems unnecessary for the secretary of the Senate and House counsel to
respond on their behalf. One lawmaker gave us his calendar without delay,
unredacted, so it’s clear that a quicker response is possible.

21
22
23

On June 8, 2017, Ms. La Corte responded stating:

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2

For those lawmakers that need additional time, we note that all potentially
responsive documents must be maintained and can’t be destroyed, deleted or
modified during the period of our pending requests.

3
122.

On June 12, 2017, Ms. Gorrell responded to Ms. La Corte’s June 8, 2017

4
email. She stated:
5
6
7
8
9
10
11
12

We understand that you would like to receive our response earlier and we are
working to complete the process. If we are able to provide it before June 23 we
certainly will do so. At this point we have asked all members to search for any
responsive text messages, and we need to give them time to complete that search.
The official response to your requests will come from or on behalf of the
Secretary of the Senate and the Chief Clerk of the House, as they are the records
custodians for the Legislature. We recognize that you sent the requests through
individual members, but no matter who receives a public records request in the
Legislature, the process is to run the request through the administration. To
implement RCW 42.56.100 (access to public records) and RCW 42.56.520
(prompt response), any legislator or legislative staff who receives a request should
route the response through the Chief Clerk or the Secretary to ensure that the
requester receives a timely and appropriate response no matter to whom he or she
submits the request.

13
Again, we will do our best to provide you with a response as soon as we are able.
14
15

123.

On June 21, 2017, Ms. Gorrell responded to the June 2, 2017, PRA requests. She

16

purported to quote the then-version of RCW 42.56.010(2) but quoted RCW 42.56.010(3) instead.

17

She also quoted an excerpt of RCW 40.14.100. She then stated as follows:

18
19
20
21
22
23

Given these definitions, the calendars you have requested are not public records.
We understand that one member has provided you with his calendar. We will let
other members know that the public records act does not require them to release
their calendars, but if they would like to provide them voluntarily, they may do
so.
Text messages may be public records if the text would otherwise fit within the
Legislature’s definition if public records. We asked the members to search their
text messages, but based upon the applicable definitions, it would be rare for
someone to have a public record in a text message. The only responsive public
record found in text format is attached.

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2
3

124.

A single text message – a cell phone picture of a per diem report from Rep. Larry

Springer – was attached.
125.

On June 23, 2017, Mike Pellicciotti, State Representative for the 30th Legislative

4

District, provided Ms. Hellberg with the legislative schedule/calendar and text messages between

5

himself and his legislative assistant from January 9, to June 1, 2017. His cover letter to Ms.

6

Hellberg with these materials stated:

7

Enclosed please find my legislative schedule/calendar and text messages between me and
my legislative assistant, from January 9th to June 1st.

8
9

While I know the law does not require that I disclose those records, I believe these
legislative records are in the public interest, and so I am voluntarily providing them as
requested.

10
I hope my colleagues join me in this voluntary disclosure.
11
12

The production was 144 pages of calendar and 30 pages of text messages. It was provided to the

13

requestors on June 27, 2017.

14

L.

Four July 26, 2017, PRA Requests

15

126.

On July 26, 2017, the Plaintiffs issued four separate additional PRA Requests

16
17
18

through counsel at Allied Law Group. These requests are attached hereto as Appendixes A-D.
127.

One of the four requests was sent to the State Legislative Offices of each

Washington State Senator. It stated the following:

19

To: The State Legislative Office of each of the Senators identified on Attachment A.

20

Re: Public Records Act Request to Your State Legislative Office

21

Dear Senators:

22
23
24

This is a Public Record Act (“PRA”) request to your individual State Legislative
Offices. This request is being made on behalf of my clients the Associated Press,
Northwest News Network, KING-TV, KIRO 7, KHQ-TV, Allied Daily Newspapers
of Washington, The Spokesman-Review, Washington Newspaper Publishers
Association, Sound Publishing, Inc., The News Tribune and The Seattle Times.

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 1
2
3
4
5
6
7
8
9
10

The State Senate and your State Legislative Office are “agencies” pursuant to RCW
42.56.010(3). The State Senate and your State Legislative Office are separate from
the Office of the Chief Clerk of the House or the Office of the Secretary of the
Senate. The State Senate and your individual State Legislative Offices are obligated
to respond to PRA requests based on the broader definition of “public records”
contained in RCW 42.56.010(3), and not based on the narrower definition of records
subject to disclosure by the Office of the Chief Clerk of the House or the Office of
the Secretary of the Senate.
My clients earlier made a PRA request to your State Legislative Office, and you
failed to adequately respond.
With this new PRA request we are giving you the opportunity to comply with the
PRA and fully respond to this request. If you fail to adequately respond within 21
days from today we will be forced to file a lawsuit addressing the PRA violations.
This request seeks the following documents:
-- Copies of your calendars/schedules from Jan. 9, 2017 through July 24, 2017;
-- Copies of any text messages received or sent by you related to your legislative
duties between Jan. 9, 2017 and July 24, 2017.

11
12
13
14
15
16
17

Please provide the records electronically. Because the requestors are news
organizations and these records are of legitimate public concern, we are asking that
you waive any fees associated with production. Please advise us in advance of any
costs.
We look forward to your prompt response. Time is of the essence with this request.
My clients and the public have been waiting far too long for these public records.

128.

One of the four requests was sent to the State Legislative Offices of each

Representative of the House of Representatives. It stated the following:

18

To:
The State Legislative Office of each of the Representatives identified on
Attachment A

19

Re:

20

This is a Public Record Act (“PRA”) request to your individual State Legislative
Offices. This request is being made on behalf of my clients the Associated Press,
Northwest News Network, KING-TV, KIRO 7, KHQ-TV, Allied Daily
Newspapers of Washington, The Spokesman-Review, Washington Newspaper
Publishers Association, Sound Publishing, Inc., The News Tribune and The
Seattle Times.

21
22
23
24

Public Records Act Request to Your State Legislative Office

The State House of Representatives and your State Legislative Office are
“agencies” pursuant to RCW 42.56.010(3). The State House of Representatives
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2
3
4
5

and your State Legislative Office are separate from the Office of the Chief Clerk
of the House or the Office of the Secretary of the Senate. The State House of
Representatives and your individual State Legislative Offices are obligated to
respond to PRA requests based on the broader definition of “public records”
contained in RCW 42.56.010(3), and not based on the narrower definition of
records subject to disclosure by the Office of the Chief Clerk of the House or the
Office of the Secretary of the Senate.
My clients earlier made a PRA request to your State Legislative Office, and you
failed to adequately respond.

6
7

With this new PRA request we are giving you the opportunity to comply with the
PRA and fully respond to this request. If you fail to adequately respond within 21
days from today we will be forced to file a lawsuit addressing the PRA violations.

8
This request seeks the following documents:
9
10

-- Copies of your calendars/schedules from Jan. 9, 2017 through July 24, 2017;
-- Copies of any text messages received or sent by you related to your legislative
duties between Jan. 9, 2017 and July 24, 2017.

11
12
13

Please provide the records electronically. Because the requestors are news
organizations and these records are of legitimate public concern, we are asking
that you waive any fees associated with production. Please advise us in advance
of any costs.

15

We look forward to your prompt response. Time is of the essence with this
request. My clients and the public have been waiting far too long for these public
records.

16

129.

14

17
18
19
20

One of the four requests was sent to the Washington State Senate. It stated the

following:
This is a Public Record Act (“PRA”) request to the Washington State Senate.
This request is being made on behalf of my clients the Associated Press,
Northwest News Network, KING-TV, KIRO 7, KHQ-TV, Allied Daily
Newspapers of Washington, The Spokesman-Review, Washington Newspaper
Publishers Association, Sound Publishing, Inc., The News Tribune and The
Seattle Times.

21
22
23

The State Senate is an “agency” pursuant to RCW 42.56.010(3). The State Senate
is separate from the Office of the Chief Clerk of the House or the Office of the
Secretary of the Senate. The State Senate is obligated to respond to PRA requests
based on the broader definition of “public records” contained in RCW
42.56.010(3), and not based on the narrower definition of records subject to

24
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disclosure by the Office of the Chief Clerk of the House or the Office of the
Secretary of the Senate.

2
3

My clients earlier made a PRA request to the Washington State Senate, and it
failed to adequately respond.

5

With this new PRA request we are giving you the opportunity to comply with the
PRA and fully respond to this request. If you fail to adequately respond within 21
days from today we will be forced to file a lawsuit addressing the PRA violations.

6

This request seeks the following documents:

7

-- Any documentation of staff complaints made against lawmakers made over the
past five years;
-- Reports on all legislative investigations made within that same timeframe of
inappropriate or abusive behavior by lawmakers toward staff or each other;
-- Actions taken by each chamber against lawmakers because of interactions with
staff.

4

8
9
10
11
12
13
14

Please provide the records electronically. Because the requestors are news
organizations and these records are of legitimate public concern, we are asking
that you waive any fees associated with production. Please advise us in advance
of any costs.
We look forward to your prompt response. Time is of the essence with this
request. My clients and the public have been waiting far too long for these public
records.

15
16
17
18
19
20
21
22
23

130.

One of the four requests was sent to the Washington State House of

Representatives. It stated the following:
This is a Public Record Act (“PRA”) request to the Washington State House of
Representatives. This request is being made on behalf of my clients the
Associated Press, Northwest News Network, KING-TV, KIRO 7, KHQ-TV,
Allied Daily Newspapers of Washington, The Spokesman-Review, Washington
Newspaper Publishers Association, Sound Publishing, Inc., The News Tribune
and The Seattle Times.
The State House of Representatives is an “agency” pursuant to RCW
42.56.010(3). The State House of Representatives is separate from the Office of
the Chief Clerk of the House or the Office of the Secretary of the Senate. The
State House of Representatives is obligated to respond to PRA requests based on
the broader definition of “public records” contained in RCW 42.56.010(3), and

24
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not based on the narrower definition of records subject to disclosure by the Office
of the Chief Clerk of the House or the Office of the Secretary of the Senate.

2
3

My clients earlier made a PRA request to the Washington State House of
Representatives, and it failed to adequately respond.

5

With this new PRA request we are giving you the opportunity to comply with the
PRA and fully respond to this request. If you fail to adequately respond within 21
days from today we will be forced to file a lawsuit addressing the PRA violations.

6

This request seeks the following documents:

7

-- Any documentation of staff complaints made against lawmakers made over the
past five years;
-- Reports on all legislative investigations made within that same timeframe of
inappropriate or abusive behavior by lawmakers toward staff or each other;
-- Actions taken by each chamber against lawmakers because of interactions with
staff.

4

8
9
10
11
12
13
14

Please provide the records electronically. Because the requestors are news
organizations and these records are of legitimate public concern, we are asking
that you waive any fees associated with production. Please advise us in advance
of any costs.
We look forward to your prompt response. Time is of the essence with this
request. My clients and the public have been waiting far too long for these public
records.

15
16
17
18
19
20
21
22
23

131.

On August 15, 2017, House Counsel Alison Hellberg responded by email to all

four of the July 26, 2017 PRA Requests. Her response stated as follows:
This letter serves as the response to the two public records requests that you
emailed to each member of the Legislature dated July 26, 2017. The Secretary of
the Senate is the records custodian for the Senate and the Chief Clerk is the
records custodian for the House of Representatives. Our offices routinely respond
to public records requests on their behalf.
Your two requests seek:
1. Copies of each legislator’s calendars/ schedules from January 9 through July
24, 2017;
2. Copies of any text messages received or sent by each legislator related to their
legislative duties between January 9 and July 24, 2017;

24
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 1
2
3
4
5

3. Any documentation of staff complaints made against lawmakers over the past
five years;
4. Reports on all legislative investigations made over the past five years of
inappropriate or abusive behavior by lawmakers toward staff or each other;
and
5. Actions taken by each chamber against lawmakers because of interactions
with staff.
Please note that a specific definition of “public records” applies to the Legislature.
RCW 42.56.010(2) provides (in relevant part):

6
7
8

…public records means legislative records as defined in RCW 40.14.100 and also
means the following: All budget and financial records; personnel leave, travel,
and payroll records; records of legislative sessions; reports submitted to the
legislature; and any other record designated a public record by any official action
of the senate or the house of representatives.

9
10
11
12
13
14
15

RCW 40.14.100 further refines the scope of public records for the Legislature,
defining “legislative records” as:
…"[L]egislative records" shall be defined as correspondence, amendments,
reports, and minutes of meetings made by or submitted to legislative committees
or subcommittees and transcripts or other records of hearings or supplementary
written testimony or data thereof filed with committees or subcommittees in
connection with the exercise of legislative or investigatory functions, but does not
include the records of an official act of the legislature kept by the secretary of
state, bills and their copies, published materials, digests, or multi-copied matter
which are routinely retained and otherwise available at the state library or in a
public repository, or reports or correspondence made or received by or in any way
under the personal control of the individual members of the legislature.

16
17
18

In regards to items 1 and 2, the only responsive record we have identified after a
new search is what we provided your clients in response to a previous records
request. We are including a text message from Representative Larry Springer to
his legislative assistant that contains a photo of a financial form.

21

Strictly speaking, the records you are requesting in the items designated as 3-5 are
not legislative public records under the applicable statutory definition. Even so,
we are providing several documents in response to your request. These are
documentation of final dispositions, many of which are already in the public
domain. The following documents are included:

22

•

19
20

23
•
24

A 2012 complaint regarding Senator Pam Roach, the resolution of that claim,
and other documents arising from that claim that resulted in an additional
investigation (also attached).
The investigation of a complaint by Senator Don Benton against Senator Ann
Rivers. The document titled “Complaint” consists of the initial decision of the
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 1
2
3

•

4
•
5
6

Senate Facilities and Operations Committee, together with the underlying
report of the Senate investigative committee and the original complaints. The
document titled “Appeal” contains the final decision of the Senate Facilities
and Operations Committee on the matter.
The complaint from the Chief Clerk of the House and the Legislative Ethics
Board opinion regarding former Representative Susan Fagan’s use of public
resources for private and campaign purposes.
A letter from the House Counsel to Representative Jesse Young regarding the
House’s respectful workplace policy.

Two legislators have offered to voluntarily provide copies of their calendars or
text messages related to their legislative duties. This response includes:

7
•
8
9

•

10
11
12
13
14
15
16
17
18
19
20

Representative Pellicciotti’s calendar and text messages related to legislative
business from January 9 through July 24, 2017.
Representative Reeves’s calendar from January 9 through July 24, 2017.
Please note that legislators are permitted to keep one calendar with both
legislative and non-legislative appointments so the calendar she is providing
is not limited to legislative business.

Because of the size of the files, I am sending the attachments in four separate
emails that will follow this one. With this response, the Legislature has fully
complied with your request. Please do not hesitate to contact us if you have
questions.
132.

Four emails were provided with the above-described attachments.

133.

None of the remaining State Legislative Offices of the Senators or

Representatives responded or provided responsive records.
134.

The response disputes that any of the requested records were public records, and

does not confirm if any other such documents exist that were not being produced based on this
view that the records are not subject to the PRA.
M.

No Further Records of Responses Provided

135.

As of the date of this complaint Plaintiffs have received no further records or

21
explanations or responses to their PRA requests discussed above.
22
23
24
P.O.. Box 33744

COMPLAINT - 29

Seattle, WA 98133
(206) 443-0200

 IV.

1

CAUSES OF ACTION

3

A. Failure to Provide a Reasonable Estimate and Provide Fullest Assistance and
Most Timely Possible Action on Request and to Make Records Promptly
Available

4

136.

5

this cause of action.

6

137.

2

7
8
9
10
11
12

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

RCW 42.56.520 requires an agency to provide a “reasonable estimate” of the time

of production.
138.

RCW 42.56.080 requires an agency to provide requested records “on a partial or

installment basis as records that are part of a larger set of requested records are assembled or
made ready for inspection or disclosure.”
139.

RCW 42.56.100 requires an agency to have rules in place to provide the “most

timely possible action on requests.”

13

140.

RCW 42.56.080 requires an agency to make records “promptly available.”

14

141.

RCW 42.56.550(2) provides:
Upon the motion of any person who believes that an agency has not made a
reasonable estimate of the time that the agency requires to respond to a
public record request, the superior court in the county in which a record is
maintained may require the responsible agency to show that the estimate it
provided is reasonable. The burden of proof shall be on the agency to show
that the estimate it provided is reasonable.

15
16
17
18
19
20
21
22
23
24

142.

RCW 42.56.550(3) provides: “Courts shall take into account the policy of this

chapter that free and open examination of public records is in the public interest, even though
such examination may cause inconvenience or embarrassment to public officials or others.”
143.

RCW 42.56.550(4) provides:
Any person who prevails against an agency in any action in the courts
seeking the right to inspect or copy any public record or the right to receive
a response to a public record request within a reasonable amount of time
shall be awarded all costs, including reasonable attorney fees, incurred in
P.O.. Box 33744

COMPLAINT - 30

Seattle, WA 98133
(206) 443-0200

 connection with such legal action. In addition, it shall be within the
discretion of the court to award such person an amount not less than five
dollars and not to exceed one hundred dollars for each day that he or she
was denied the right to inspect or copy said public record.

1
2
3
144.

Defendants did not provide Plaintiffs with “a reasonable estimate of the time that

4
the agency requires to respond to a public records request[.]” (RCW 42.56.550(2)).
5
145.

Defendants violated the Public Records Act by not providing Plaintiffs “a

6
reasonable estimate of the time that the agency requires to respond to a public records request[.]”
7
(RCW 42.56.550(2)).
8
146.

Defendants violated the PRA by not providing the requested records “on a partial

9
or installment basis as records that are part of a larger set of requested records are assembled or
10
made ready for inspection or disclosure.”
11
147.

Defendants violated the PRA by not providing the “most timely possible action

12
on requests.”
13
148.

Defendants violated the PRA by not making records “promptly available.”

14
B. Failure to Produce Public Records
15
149.

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

16
this cause of action.
17
150.

The Washington State Supreme Court held in Nissen v. Pierce County, 183

18
Wn.2d 863, 874, 876, 357 P.3d 45 (2015) as follows:
19
20
21
22
23
24

The definitions of “agency” and “public record”’ are each comprehensive on their
own and, when taken together, mean the PRA subjects “virtually any record
related to the conduct of government” to public disclosure. O'Neill [v. Shoreline],
170 Wn.2d at 147. This broad construction is deliberate and meant to give the
public access to information about every aspect of state and local government.
See Laws Of 1973, ch. 1, § 1 (11). As we so often summarize, the PRA "is a
strongly worded mandate for broad disclosure of public records." Yakima County
v. Yakima Herald-Republic, 170 Wn.2d 775,791,246 P.3d 768 (2011) (quoting
Soter v. Cowles Publ'g Co., 162 Wn.2d 716, 731, 174 P.3d 60 (2007) (quoting
Hearst Corp. v. Hoppe, 90 Wn.2d 123, 127, 580 P.2d 246 (1978)).
P.O.. Box 33744

COMPLAINT - 31

Seattle, WA 98133
(206) 443-0200

 1
2
3
4
5
6
7
8
9
10

…
One characteristic of a public record is that it is "prepared, owned, used, or
retained by any state or local agency." RCW 42.56.010(3).… But those bodies
lack an innate ability to prepare, own, use, or retain any record. They instead act
exclusively through their employees and other agents, and when an employee acts
within the scope of his or her employment, the employee's actions are tantamount
to "the actions of the [body] itself." Houser v. City of Redmond, 91 Wn.2d 36, 40,
586 P.2d 482 (1978) (as to cities); Hailey v. King County, 21 Wn.2d 53, 58, 149
P.2d 823 (1944) (as to counties). Integrating this basic common law concept into
the PRA, a record that an agency employee prepares, owns, uses, or retains in the
scope of employment is necessarily a record "prepared, owned, used, or retained
by [a] state or local agency." RCW 42.56.010(3).
…
If the PRA did not capture records individual employees prepare, own, use, or
retain in the course of their jobs, the public would be without information about
much of the daily operation of government. Such a result would be an affront to
the core policy underpinning the PRA-the public's right to a transparent
government. That policy, itself embodied in the statutory text, guides our
interpretation of the PRA. RCW 42.56.030; LAWS OF 1973, ch. 1, § 1(11);
Hearst Corp., 90 Wn.2d at 128.

11
12

151.

The requested records are public records as defined by RCW 42.56.010(3).

13

152.

RCW 42.56.010(3) defines “public record” as follows:

14

"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or proprietary
function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics.

15
16

RCW 42.56.010(1) defines “agency as follows:

17

153.

18

"Agency" includes all state agencies and all local agencies. "State agency"
includes every state office, department, division, bureau, board, commission, or
other state agency. "Local agency" includes every county, city, town, municipal
corporation, quasi-municipal corporation, or special purpose district, or any
office, department, division, bureau, board, commission, or agency thereof, or
other local public agency.

19
20
21

154.

The 1995 Amendment on which Defendants rely in withholding records defined

22
“State office” as “state legislative office or the office of governor, lieutenant governor, secretary
23
of state, attorney general, commissioner of public lands, insurance commissioner, superintendent
24
P.O.. Box 33744

COMPLAINT - 32

Seattle, WA 98133
(206) 443-0200

 1
2

of public instruction, state auditor, or state treasurer.”
155.

The 1995 Amendment on which Defendants rely in withholding records defined

3

“State Legislative Office” – a term contained within the definition “State Office” – as “the office

4

of a member of the state house of representatives or the office of a member of the state senate.”

5

156.

All of the records requested by Plaintiffs were “writings containing information

6

relating to the conduct of government or the performance of any governmental or proprietary

7

function”.

8
9
10
11
12

157.

All of the records requested by Plaintiffs were “writings …prepared, owned,

used, or retained by” the Washington State Legislature, Washington State Senate, Washington
State House of Representatives, State Senators or State Representatives.
158.

The Washington State Legislature, Washington State Senate, and Washington

State House of Representatives are state agencies.

13

159.

State Senators are agents of the State Legislature and State Senate.

14

160.

State Representatives are agents of the State Legislature and State House of

15
16
17
18

Representatives.
161.

The State Legislative Office of every State Senator and State Representative is a

“State Office” and thus a “State Agency” under the PRA.
162.

The requested records were “prepared, owned, used, or retained” by the Senators

19

and Representatives “in the course of their jobs” as Senators and Representatives and thus are

20

“prepared, owned, used or retained” by the Legislature or Senate or House of Representatives

21

themselves.

22

163.

23

The July 26, 2017, PRA requests were not directed to the office of the secretary

of the senate or the office of the chief clerk of the house in any way, as the requests made clear.

24
P.O.. Box 33744

COMPLAINT - 33

Seattle, WA 98133
(206) 443-0200

 164.

1

RCW 40.14.100 does not remove the Legislature, State Senate, State House of

2

Representatives or the individual legislators or their offices from the reach of the PRA or the

3

definition of “agency” in the PRA.
165.

4
5

The requested records are subject to disclosure unless exempt from disclosure

under a specific statute. See RCW 42.56.070.
166.

6

If Defendants withheld or redacted any information from the requested records,

7

they were required to explain each withholding or redaction in writing, to identify the statute

8

allowing for such redaction or deletion, to explain how such statute applied to the record in

9

question, and to provide a detailed withholding index as described by Progressive Animal

10

Welfare Society v. University of Washington, 125 Wn.2d 243, 884 P.2d 592 (1995) and Rental

11

Housing Ass’n of Puget Sound, v. City of Des Moines, 165 Wn.2d 525, 199 P.3d 393 (2009).
167.

12

Defendants have not adequately identified each record redacted or withheld or the

13

statute authorizing such redaction or withholding or explained how each such statute applies to

14

the record withheld or portion redacted.
168.

15
16

Defendants have failed to produce all records in response to the July 26, 2017

PRA requests.

17

169.

There are records responsive to Plaintiffs’ July 26, 2017, PRA requests.

18

170.

Many of these records have thus far been withheld by Defendants.

19

171.

Responsive records being withheld by Defendants are not exempt from disclosure

20

under the PRA.

21

C.

Failure to Provide Exemption Log or Justify Withholding

22

172.

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

23

this cause of action.

24
P.O.. Box 33744

COMPLAINT - 34

Seattle, WA 98133
(206) 443-0200

 173.

1

Defendants were required to provide Plaintiffs with a detailed exemption log or

2

withholding index identifying all records or content being denied or redacted, the exemption

3

authorizing the document or content’s denial, and sufficient detail about the document or content

4

to establish the exemption applied.
174.

5
6

logs for documents that they withheld or redacted. This is a violation of the PRA.
175.

7
8

176.

Defendants bear the burden of identifying and proving any exemption applies to

the responsive public records sought by Plaintiffs.
177.

11
12

Defendants are withholding records responsive to Plaintiffs’ requests without

adequately claiming exemptions. This is a violation of the PRA

9
10

Defendants did not provide Plaintiffs sufficiently detailed withholding indexes or

Defendants have not met and cannot meet its burden of identifying or providing

an applicable exemption justifying the withholding of these responsive records.
178.

13
14

released now.

15

D.

The records should have been released to Plaintiffs when requested and must be

Records Improperly Withheld in Their Entirety

16

179.

17

this cause of action.

18

180.

19
20
21
22
23
24

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

Defendants have denied Plaintiffs access to records in their entirety and have

violated the PRA as a result.
181.

Defendants have failed to provide access to records responsive to Plaintiffs’

public records requests described above.
182.

Defendants never provided Plaintiffs with any records responsive to most of the

above requests.
183.

Defendants have violated the PRA by failing to produce these records.
P.O.. Box 33744

COMPLAINT - 35

Seattle, WA 98133
(206) 443-0200

 1

E.

Defendants are Silently Withholding Records

2

184.

3

this cause of action.

4

185.

5

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

It is a violation of the PRA to fail to provide responsive public records without

claiming an exemption or basis for withholding the records (silently withholding records).
186.

6

Responsive public records have been silently withheld by Defendants as they

7

have not been produced, made available for inspection, or had their existence made known by

8

the Defendants coupled with an explanation for withholding.

9

F.

Right to Judicial Review

10

187.

Plaintiffs reallege the preceding paragraphs and incorporates them by reference in

11

this cause of action.

12

188.

RCW 42.56.550 provides that any agency action denying access to public records

13

for inspection and copying, denying an adequate response to such a request, or failing to provide

14

a reasonable estimate of the time needed to respond to a record request is subject to judicial

15

review:

16
17
18
19
20
21
22
23

(1) Upon the motion of any person having been denied an opportunity to
inspect or copy a public record by an agency, the superior court in the county
in which a record is maintained may require the responsible agency to show
cause why it has refused to allow inspection or copying of a specific public
record or class of records. The burden of proof shall be on the agency to
establish that refusal to permit public inspection and copying is in accordance
with a statute that exempts or prohibits disclosure in whole or in part of
specific information or records.
(2) Upon the motion of any person who believes that an agency has not made a
reasonable estimate of the time that the agency requires to respond to a public
record request, the superior court in the county in which a record is maintained
may require the responsible agency to show that the estimate it provided is
reasonable. The burden of proof shall be on the agency to show that the estimate it
provided is reasonable.

24
P.O.. Box 33744

COMPLAINT - 36

Seattle, WA 98133
(206) 443-0200

 189.

1

This right to judicial review against Defendants may be sought in Thurston

2

County pursuant to 42.56.550(1).

3

G.

4

Right to Attorney Fees, Costs, and Penalties
190.

RCW 42.56.550(4) provides that any person who prevails against an agency in

5

any action seeking the right to inspect or copy any public record or the right to receive a

6

response within a reasonable amount of time shall be awarded all costs, including reasonable

7

attorney’s fees. The prevailing requester must also be awarded an amount imposed as a statutory

8

penalty against the agency in an amount between $0 and $100 for each day that the requester has

9

been denied the right to inspect and copy a public record or been denied an adequate response.

10

Such penalties may be imposed per page.
C. PRAYER FOR RELIEF

11
12

WHEREFORE, the Plaintiffs The Associated Press, Northwest News Network, KING-

13

TV, KIRO 7, Allied Daily Newspapers of Washington, The Spokesman-Review, Washington

14

Newspaper Publishers Association, Sound Publishing, Inc., Tacoma News, Inc., and The Seattle

15

Times pray for judgment against Defendants as follows:

16
17
18

A.

Order the Defendants to promptly provide Plaintiffs the records requested in their

PRA requests discussed herein.
B.

Issue an injunction prohibiting Defendants from failing to provide Plaintiffs with

19

requested records based on RCW 40.14.100 or the definition of public records for the Chief

20

Clerk of the House or Secretary of the Senate contained in RCW 42.56.010(3).

21
22

C.

Award Plaintiffs all costs, including reasonable attorney’s fees, incurred in

connection with this action and efforts to obtain the records, as provided in RCW 42.56.550(4).

23
24
P.O.. Box 33744

COMPLAINT - 37

Seattle, WA 98133
(206) 443-0200

 1

D.

Award Plaintiffs monetary penalties pursuant to RCW 42.56.550(4) of $100 per

2

page per day from the date of the request until the date Defendants provide all the requested

3

records in unredacted form or with redactions as approved by the Court after evaluating claimed

4

exemptions and in camera review.

5

E.

For such other relief as the Court deems just.

6

DATED this 12th day of September, 2017.
ALLIED LAW GROUP LLC

7
8

By
Michele Earl-Hubbard, WSBA No. 26454
Attorneys for Plaintiffs The Associated Press,
Northwest News Network, KING-TV, KIRO 7,
Allied Daily Newspapers of Washington,
The Spokesman-Review, Washington
Newspaper Publishers Association,
Sound Publishing, Inc., Tacoma News, Inc., and
The Seattle Times
P.O. Box 33744
Seattle, WA 98133
(206) 443-0200 phone
(206) 428-7169 fax
michele@alliedlawgroup.com

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

P.O.. Box 33744

COMPLAINT - 38

Seattle, WA 98133
(206) 443-0200

 Appendix A

LIED


W GROUP
Michele Earl-Hubbard

Seattle
www.alliedlawgroup.com

mJchele@ alliedlawgroup.com
(206) 443-0200

July 26, 2017

Via Email (see Attachment A)

To:

The State Legislative Office of each of the Senators identified on Attachment A.

Re:

Public Records Act Request to Your State Legislative Office

Dear Senators:
This is a Public Record Act ("PRA") request to yoW' individual State Legislative Offices. This 

request i being made on behalf of my clients the Associated Press, Northwest News Network, 

KING-TV, KIRO 7, KHQ-TV, Allied Daily Newspapers of Washington, The Spokesman­

Review, Washington Newspaper Publishers Association, Sound Publishing, Inc., The News 

Tribune and The Seattle Times. 

The State Senate and your State Legislative Office are "agencies" pursuant to RCW 

42.56.010(3). The State Senate and your State Legislative Office are separate from the Office of 

the Chief Clerk of the House or the Office of the Secretary of the Senate. The State Senate and 

your individual State Legislative Offices are obligated to respond to PRA requests based on the 

broader defi nition of "public records" contained in RCW 42.56.010(3), and not based on the 

narrower definition of records subject to disclosure by the Office of the Chief Clerk of the House 

or the Office of the Secretary of the Senate. 

My clients earlier made a PRA request to your State Legislative Office, and you failed to 

adequately respond. 

With this new PRA request we are giving you the opportunity to comply with the PRA and fu lly 

respond to this request. If you fail to adequately respond within 21 days from today we will be 

forced to file a lawsuit addressing the PRA violations. 

This request seeks the following documents: 

-- Copies of your calendars/schedules from Jan. 9,2017 through July 24, 2017; 

-- Copies of any text messages received or sent by you related to your legislative duties between 

Jan. 9,2017 and July 24,2017. 

Please provide the records electronically. Because the requestors are news organizations and 

these records are of legitimate public concern, we are asking that you waive any fees associated 

with production. Please advise us in advance of any costs. 


Seattle Office' P.O. Box J3744 • Searde, WA 98 133 • 206-80 1-75 10 • 206-428-7 169 (fax)

 We look forward to your prompt response. Time is of the essence with this request. My clients
and the public have been waiting far too long for these public records.

Very truly yours,

J~~

MiCHELE EARL-HUBBA
Allied Law Group, LLC
c :

Clients

 Attachment A
Senate Majority Leader Mark Schoesler: Mark.Schoesler@leg.wa.gov
Senate Minority Leader Sharon Nelson: Sharon.Nelson@leg.wa.gov
Senators:
Palumbo, Guy (D)
Becker, Randi (R)
Billig, Andy (D)
Padden, Mike (R)
Mullet, Mark (D)
Baumgartner, Michael (R)
Hasegawa, Bob (D)
Brown, Sharon (R)
Bailey, Barbara (R)
Hawkins, Brad (R)
Warnick, Judy (R)
King, Curtis (R)
Honeyford, Jim (R)
Walsh, Maureen (R)
Wilson, Lynda (R)
Rivers, Ann (R)
Takko, Dean (D)
Braun, John (R)
Liias, Marko (D)
Hunt, Sam (D)
Rolfes, Christine (D)
Van De Wege, Kevin (D)
Zeiger, Hans (R)
Angel, Jan (R)
Darneille, Jeannie (D)
O'Ban, Steve (R)
Conway, Steve (D)
Miloscia, Mark (R)
Fortunato, Phil (R)
Chase, Maralyn (D)
Keiser, Karen (D)
Sheldon, Tim (D)

Guy.Palumbo@leg.wa.gov
Randi.Becker@leg.wa.gov
Andy.Billig@leg.wa.gov
Mike.Padden@leg.wa.gov
Mark.Mullet@leg.wa.gov
Michael.Baumgartner@leg.wa.gov
Bob.Hasegawa@leg.wa.gov
Sharon.Brown@leg.wa.gov
Barbara.Bailey@leg.wa.gov
Brad.Hawkins@leg.wa.gov
Judy.Warnick@leg.wa.gov
Curtis.King@leg.wa.gov
Jim.Honeyford@leg.wa.gov
Maureen.Walsh@leg.wa.gov
Lynda.Wilson@leg.wa.gov
Ann.Rivers@leg.wa.gov
Dean.Takko@leg.wa.gov
John.Braun@leg.wa.gov
Marko.Liias@leg.wa.gov
Sam.Hunt@leg.wa.gov
Christine.Rolfes@leg.wa.gov
Kevin.VanDeWege@leg.wa.gov
Hans.Zeiger@leg.wa.gov
Jan.Angel@leg.wa.gov
Jeannie.Darneille@leg.wa.gov
Steve.OBan@leg.wa.gov
Steve.Conway@leg.wa.gov
Mark.Miloscia@leg.wa.gov
phil.fortunato@leg.wa.gov
Maralyn.Chase@leg.wa.gov
Karen.Keiser@leg.wa.gov
Timothy.Sheldon@leg.wa.gov

 Carlyle, Reuven (D)
Saldaña, Rebecca (D)
McCoy, John (D)
Pearson, Kirk (R)
Ranker, Kevin (D)
Wellman, Lisa (D)
Ericksen, Doug (R)
Pedersen, Jamie (D)
Hobbs, Steve (D)
Rossi, Dino (R)
Frockt, David (D)
Fain, Joe (R)
Kuderer, Patty (D)
Cleveland, Annette (D)
Short, Shelly (R)

Reuven.Carlyle@leg.wa.gov
Rebecca.Saldana@leg.wa.gov
John.McCoy@leg.wa.gov
Kirk.Pearson@leg.wa.gov
Kevin.Ranker@leg.wa.gov
Lisa.Wellman@leg.wa.gov
Doug.Ericksen@leg.wa.gov
Jamie.Pedersen@leg.wa.gov
Steve.Hobbs@leg.wa.gov
Dino.Rossi@leg.wa.gov
David.Frockt@leg.wa.gov
Joe.Fain@leg.wa.gov
Kuderer.Patty@leg.wa.gov
Annette.Cleveland@leg.wa.gov
Shelly.Short@leg.wa.gov

 Appendix 

LIED
AW G R.OUP
Seattle
www.a1liedlawgroup.com

Michele Earl-Hubbard
miche le@alliedlawgroup.com
(206) 443-0200

July 26, 2017

Via Email (see Attachment A)

To :

T he State Legislative Office of each of the Representatives identified on Attachment A

Re:

Public Records Act Request to Your State Legislative Office

This is a Public Record Act ("PRA") request to your individual State Legislative Offices . This 

request is being made on behalf of my clients the Associated Press, Northwest News Network, 

KJNG- V~ KIRO 7, KHQ-TV, Allied Daily Newspapers of Washington, The Spokesman­ 

Rev iew, Washington Newspaper Publishers Association, Sound Publishing, Inc., The News 

Tribu ne and The Seattle Times. 

The Stat House of Representatives and your State Legislative Office are " agencies" pursuant to 

RCW 42.56.0 I 0(3). The State House of Representatives and your State Legislative Office are 

separate from the Office of the Chief Clerk of the House or the Office of the Secretary of the 

Senate. The State House of Representatives and your individual State Legislative Offices are 

obligated to respond to PRA requests based on the broader definition of "public records ' 

contained in RCW 42.56.010(3), and not based on the narrower definition of records subject to 

disclosure by the Office of the Chief Clerk of the House or the Office of the Secretary of the 

Senate. 

My c lients earlier made a PRA request to your State Legislative Office, and you failed to 

adequate ly respond. 

With this new PRA request we are giving you the opportunity to comply with the PRA and fully 

respond to this request. If you fail to adequately respond within 21 days from today we will be 

forced to file a lawsuit addressing the PRA violations. 

This request seeks the following documents: 

-- o pies of your calendars/schedules from Jan . 9, 2017 through July 24,2017; 

-- Copies o f any text messages received or sent by you related to your legislative duties between 

Jan. 9, 2017 and July 24,2017. 

Please provide the records electronically. Because the requestors are news organizations and 

these records are of legitimate public concern, we are asking that you waive any fees associated 

with production. Please advise us in advance of any costs . 


•

SeanleOffice • P.O. Box 33744 • Scmk WA9H I33 • 206-80 1-7" 10 • 20(,-428-7 169 (&x)

 We look forward to your prompt response. Time is of the essence with this request. My clients
and the public have been waiting far too long for these public records.

/lid2i;J~c9
MICHELE EARL-HUBBARD
Allied Law Group, LLC

cc:

Clients

 Attachment A
Presiding Office of the House/House Speaker Frank Chopp:
Frank.Chopp@leg.wa.gov
House Minority Leader Dan Kristiansen:
Dan.Kristiansen@leg.wa.gov
Representatives:
Kloba, Shelley (D)
Stanford, Derek (D)
Barkis, Andrew (R)
Wilcox, J.T. (R)
Ormsby, Timm (D)
Riccelli, Marcus (D)
McCaslin, Bob (R)
Shea, Matt (R)
Graves, Paul (R)
Rodne, Jay (R)
Holy, Jeff (R)
Volz, Mike (R)
Kretz, Joel (R)
Maycumber, Jacquelin
(R)
Haler, Larry (R)
Klippert, Brad (R)
Dye, Mary (R)
Schmick, Joe (R)
Hayes, Dave (R)
Smith, Norma (R)
Bergquist, Steve (D)
Hudgins, Zack (D)
Condotta, Cary (R)
Steele, Mike (R)
Dent, Tom (R)
Manweller, Matt (R)
Johnson, Norm (R)
McCabe, Gina (R)
Chandler, Bruce (R)
Taylor, David (R)

Shelley.Kloba@leg.wa.gov
Derek.Stanford@leg.wa.gov
Andrew.Barkis@leg.wa.gov
JT.Wilcox@leg.wa.gov
Timm.Ormsby@leg.wa.gov
Marcus.Riccelli@leg.wa.gov
Bob.McCaslin@leg.wa.gov
Matt.Shea@leg.wa.gov
Paul.Graves@leg.wa.gov
Jay.Rodne@leg.wa.gov
Jeff.Holy@leg.wa.gov
Mike.Volz@leg.wa.gov
Joel.Kretz@leg.wa.gov
Jacquelin.Maycumber@leg.wa.gov
Larry.Haler@leg.wa.gov
Brad.Klippert@leg.wa.gov
Mary.Dye@leg.wa.gov
Joe.Schmick@leg.wa.gov
Dave.Hayes@leg.wa.gov
Norma.Smith@leg.wa.gov
Steve.Bergquist@leg.wa.gov
Zack.Hudgins@leg.wa.gov
Cary.Condotta@leg.wa.gov
mike.steele@leg.wa.gov
Tom.Dent@leg.wa.gov
Matt.Manweller@leg.wa.gov
Norm.Johnson@leg.wa.gov
Gina.McCabe@leg.wa.gov
Bruce.Chandler@leg.wa.gov
David.Taylor@leg.wa.gov

 Jenkin, Bill (R)
Nealey, Terry (R)
Harris, Paul (R)
Kraft, Vicki (R)
Pike, Liz (R)
Vick, Brandon (R)
Blake, Brian (D)
Walsh, Jim (R)
DeBolt, Richard (R)
Orcutt, Ed (R)
Ortiz-Self, Lillian (D)
Peterson, Strom (D)
Doglio, Beth (D)
Dolan, Laurie (D)
Appleton, Sherry (D)
Hansen, Drew (D)
Chapman, Mike (D)
Tharinger, Steve (D)
McDonald, Joyce (R)
Stambaugh, Melanie
(R)
Caldier, Michelle (R)
Young, Jesse (R)
Wylie, Sharon (D)
Fey, Jake (D)
Jinkins, Laurie (D)
Kilduff, Christine (D)
Muri, Dick (R)
Kirby, Steve (D)
Sawyer, David (D)
Pellicciotti, Mike (D)
Reeves, Kristine (D)
Irwin, Morgan (R)
Stokesbary, Drew (R)
Kagi, Ruth (D)
Ryu, Cindy (D)
Gregerson, Mia (D)
Orwall, Tina (D)

Bill.Jenkin@leg.wa.gov
Terry.Nealey@leg.wa.gov
Paul.Harris@leg.wa.gov
Vicki.Kraft@leg.wa.gov
Liz.Pike@leg.wa.gov
Brandon.Vick@leg.wa.gov
Brian.Blake@leg.wa.gov
Jim.Walsh@leg.wa.gov
Richard.DeBolt@leg.wa.gov
Ed.Orcutt@leg.wa.gov
Lillian.Ortiz-Self@leg.wa.gov
Strom.Peterson@leg.wa.gov
Beth.Doglio@leg.wa.gov
Laurie.Dolan@leg.wa.gov
Sherry.Appleton@leg.wa.gov
Drew.Hansen@leg.wa.gov
Mike.Chapman@leg.wa.gov
Steve.Tharinger@leg.wa.gov
Joyce.McDonald@leg.wa.gov
Melanie.Stambaugh@leg.wa.gov
Michelle.Caldier@leg.wa.gov
Jesse.Young@leg.wa.gov
Sharon.Wylie@leg.wa.gov
Jake.Fey@leg.wa.gov
Laurie.Jinkins@leg.wa.gov
Christine.Kilduff@leg.wa.gov
Dick.Muri@leg.wa.gov
Steve.Kirby@leg.wa.gov
David.Sawyer@leg.wa.gov
Mike.Pellicciotti@leg.wa.gov
Kristine.Reeves@leg.wa.gov
Morgan.Irwin@leg.wa.gov
Drew.Stokesbary@leg.wa.gov
Ruth.Kagi@leg.wa.gov
Cindy.Ryu@leg.wa.gov
Mia.Gregerson@leg.wa.gov
Tina.Orwall@leg.wa.gov

 Cody, Eileen (D)
Fitzgibbon, Joe (D)
Griffey, Dan (R)
MacEwen, Drew (R)
Frame, Noel (D)
Tarleton, Gael (D)
Pettigrew, Eric (D)
Santos, Sharon Tomiko
(D)
Robinson, June (D)
Sells, Mike (D)
Koster, John (R)
Lytton, Kristine (D)
Morris, Jeff (D)
Clibborn, Judy (D)
Senn, Tana (D)
Buys, Vincent (R)
Van Werven, Luanne
(R)
Macri, Nicole (D)
Harmsworth, Mark (R)
Lovick, John (D)
Goodman, Roger (D)
Springer, Larry (D)
Rep. Javier Valdez
Pollet, Gerry (D)
Hargrove, Mark (R)
Sullivan, Pat (D)
McBride, Joan (D)
Slatter, Vandana (D)
Stonier, Monica Jurado
(D)

Eileen.Cody@leg.wa.gov
Joe.Fitzgibbon@leg.wa.gov
Dan.Griffey@leg.wa.gov
Drew.MacEwen@leg.wa.gov
Noel.Frame@leg.wa.gov
Gael.Tarleton@leg.wa.gov
Eric.Pettigrew@leg.wa.gov
SharonTomiko.Santos@leg.wa.gov
June.Robinson@leg.wa.gov
Mike.Sells@leg.wa.gov
john.koster@leg.wa.gov
Kristine.Lytton@leg.wa.gov
Jeff.Morris@leg.wa.gov
Judy.Clibborn@leg.wa.gov
Tana.Senn@leg.wa.gov
Vincent.Buys@leg.wa.gov
Luanne.VanWerven@leg.wa.gov
Nicole.Macri@leg.wa.gov
Mark.Harmsworth@leg.wa.gov
John.Lovick@leg.wa.gov
Roger.Goodman@leg.wa.gov
Larry.Springer@leg.wa.gov
Javier.Valdez@leg.wa.gov
Gerry.Pollet@leg.wa.gov
Mark.Hargrove@leg.wa.gov
Pat.Sullivan@leg.wa.gov
Joan.McBride@leg.wa.gov
Vandana.Slatter@leg.wa.gov
Monica.Stonier@leg.wa.gov

 Appendix 

LLIED


LAW GROUP
Michele Earl-Hubbard
michele@all iedlawgroup.com
(206) 443-0200

Seartle
www.a11iedlawgroup.com

July 26, 2017

Via Email (see Attachment A)

To:

The Washington State Senate

Re:

Public Records Act Request to the Washington State Senate

his is a Public Record Act ("PRA") request to the Washington State Senate. This request is
being made on behalf of my clients the Associated Press, Northwest News Network, KING-TV,
KIRO 7, KHQ-TV, Allied Daily Newspapers of Washington, The Spokesman-Review,
Washington Newspaper Publishers Association, Sound Publishing, Inc., The News Tribune and
The Seattle Times.
The State Senate is an "agency" pursuant to RCW 42.56.010(3). The State Senate is separate
from lh Office of the Chief Clerk of the House or the Office of the Secretary of the Senate. The
State Senate is obligated to respond to PRA requests based on the broader definition of "public
r cords" contained in RCW 42. 56.010(3), and not based on the narrower definition of records
subject to disclosure by the Office of the Chief Clerk of the House or the Office of the Secretary
of the Senate.
My clients earlier made a PRA request to the Washington State Senate, and it failed to
adequately respond.
With this new PRA request we are giving you the opportunity to comply with the PRA and fully
respond to this request. If you fail to adequately respond within 21 days from today we will be
forced to file a lawsuit addressing the PRA violations.
Thjs request seeks the following documents:
-- Any documentation of staff complaints made against lawmakers made over the past five years;
-- Reports on all legislative investigations made within that same timeframe of inappropriate or
abusive behavior by lawmakers toward staff or each other;
-- Actions taken by each chamber against lawmakers because of interactions with staff.
Please provide the records electronically. Because the requestors are news organizations and
these records are of legitimate public concern, we are asking that you waive any fees associated
with production. Please advise us in advance of any costs.
We look forward to your prompt response. Time is of the essence with this request. My clients
and the public have been waiting far too long for these public records.

Seattle Office • P.o. Box 33744 • Seau lt:. WA 98 13;\ • 206-80 1-7" [0 • 206-42R·7 JG() (fax)

 Very truly yours,

MW aa/M?

MICHELE 
Allied Law Group, LLC

cc: Clients

Attachment A

President of the Senate Lieutenant Governor Cyrus Habib: ltgov@ltgov.wa.gov:
Presiding Officer of the Senate/Senate Majority Leader Mark Schoesler:
Mark.Schoesler@leg.wa.gov
Senate Minority Leader Sharon Nelson: Sharon.Nelson@leg.wa.gov
Senators:
Palumbo, Guy (D)
Becker, Randi (R)
Billig, Andy (D)
Padden, Mike (R)
Mullet, Mark (D)
Baumgartner, Michael (R)
Hasegawa, Bob (D)
Brown, Sharon (R)
Bailey, Barbara (R)
Hawkins, Brad (R)
Warnick, Judy (R)
King, Curtis (R)
Honeyford, Jim (R)
Walsh, Maureen (R)
Wilson, Lynda (R)
Rivers, Ann (R)
Takko, Dean (D)
Braun, John (R)
Liias, Marko (D)
Hunt, Sam (D)
Rolfes, Christine (D)
Van De Wege, Kevin (D)
Zeiger, Hans (R)
Angel, Jan (R)
Darneille, Jeannie (D)
O'Ban, Steve (R)
Conway, Steve (D)
Miloscia, Mark (R)
Fortunato, Phil (R)
Chase, Maralyn (D)

Guy.Palumbo@leg.wa.gov
Randi.Becker@leg.wa.gov
Andy.Billig@leg.wa.gov
Mike.Padden@leg.wa.gov
Mark.Mullet@leg.wa.gov
Michael.Baumgartner@leg.wa.gov
Bob.Hasegawa@leg.wa.gov
Sharon.Brown@leg.wa.gov
Barbara.Bailey@leg.wa.gov
Brad.Hawkins@leg.wa.gov
Judy.Warnick@leg.wa.gov
Curtis.King@leg.wa.gov
Jim.Honeyford@leg.wa.gov
Maureen.Walsh@leg.wa.gov
Lynda.Wilson@leg.wa.gov
Ann.Rivers@leg.wa.gov
Dean.Takko@leg.wa.gov
John.Braun@leg.wa.gov
Marko.Liias@leg.wa.gov
Sam.Hunt@leg.wa.gov
Christine.Rolfes@leg.wa.gov
Kevin.VanDeWege@leg.wa.gov
Hans.Zeiger@leg.wa.gov
Jan.Angel@leg.wa.gov
Jeannie.Darneille@leg.wa.gov
Steve.OBan@leg.wa.gov
Steve.Conway@leg.wa.gov
Mark.Miloscia@leg.wa.gov
phil.fortunato@leg.wa.gov
Maralyn.Chase@leg.wa.gov

 Keiser, Karen (D)
Sheldon, Tim (D)
Carlyle, Reuven (D)
Saldaña, Rebecca (D)
McCoy, John (D)
Pearson, Kirk (R)
Ranker, Kevin (D)
Wellman, Lisa (D)
Ericksen, Doug (R)
Pedersen, Jamie (D)
Hobbs, Steve (D)
Rossi, Dino (R)
Frockt, David (D)
Fain, Joe (R)
Kuderer, Patty (D)
Cleveland, Annette (D)
Short, Shelly (R)

Karen.Keiser@leg.wa.gov
Timothy.Sheldon@leg.wa.gov
Reuven.Carlyle@leg.wa.gov
Rebecca.Saldana@leg.wa.gov
John.McCoy@leg.wa.gov
Kirk.Pearson@leg.wa.gov
Kevin.Ranker@leg.wa.gov
Lisa.Wellman@leg.wa.gov
Doug.Ericksen@leg.wa.gov
Jamie.Pedersen@leg.wa.gov
Steve.Hobbs@leg.wa.gov
Dino.Rossi@leg.wa.gov
David.Frockt@leg.wa.gov
Joe.Fain@leg.wa.gov
Kuderer.Patty@leg.wa.gov
Annette.Cleveland@leg.wa.gov
Shelly.Short@leg.wa.gov

 Appendix 

LIED


W GROUP
Michele Earl-Hubbard
michele@alliedlawgroup.com
(206) 443-0200

Seattle
www.a1liedlawgroup.com

July 26, 2017

Via Email (see Attachment A)

To:

The Washington State House of Representatives

Re:

Public Records Act Request to the Washington State House of Representatives

This i a Public Record Act ("PRA") request to the Washington State House of Representatives.
This request is being made on behalf of my clients the Associated Press, Northwest News
Network, KING-TV, KIRO 7, KHQ-TV, Allied Daily Newspapers of Washington, The
pokesman-Review, Washington Newspaper Publishers Association, Sound Publishing, Inc.,
The News Tribune and The Seattle Times.
The tate House of Representatives is an "agency" pursuant to RCW 42.56.010(3). The State
House of Representatives is separate from the Office of the Chief Clerk of the House or the
Office of the Secretary of the Senate. The State House of Representatives is obligated to respond
to PRA r quests based on the broader definition of "public records" contained in RCW
42.56.010(3), and not based on the narrower definition of records subject to disclosure by the
Office of the Chief Clerk of the House or the Office of the Secretary of the Senate.
My clients earlier made a PRA request to the Washington State House of Representatives, and it
failed to adeq uately respond.
With this new PRA request we are giving you the opportunity to comply with the PRA and fully
respond to this request. If you fail to adequately respond within 21 days from today we will be
forced to fil e a lawsuit addressing the PRA violations.
This request seeks the following documents:
-- Any documentation of staff complaints made against lawmakers made over the past five years;
-- Reports on all legislative investigations made within that same timeframe of inappropriate or
abusive behavior by lawmakers toward staff or each other;
-- Actions taken by each chamber against lawmakers because of interactions with staff.
Please provide the records electronically. Because the requestors are news organizations and
these Ie ords are of legitimate public concern, we are asking that you waive any fees associated
with production. Please advise us in advance of any costs.
We look forward to your prompt response. Time is of the essence with this request. My clients
and the public have been waiting far too long for these public records.

SeattleOffice· P.O . Box 33744 •

Scart l ~.WA 98 1 33 ·

206-80 1-75 10· 206-428-7 169 (fax)

 Very truly yours,

MICHELE 
Allied Law Group, LLC

cc: Clients

 

Attachment A
Presiding Office of the House/House Speaker Frank Chopp:
Frank.Chopp@leg.wa.gov
House Minority Leader Dan Kristiansen:
Dan.Kristiansen@leg.wa.gov
Representatives:
Kloba, Shelley (D)
Stanford, Derek (D)
Barkis, Andrew (R)
Wilcox, J.T. (R)
Ormsby, Timm (D)
Riccelli, Marcus (D)
McCaslin, Bob (R)
Shea, Matt (R)
Graves, Paul (R)
Rodne, Jay (R)
Holy, Jeff (R)
Volz, Mike (R)
Kretz, Joel (R)
Maycumber, Jacquelin
(R)
Haler, Larry (R)
Klippert, Brad (R)
Dye, Mary (R)
Schmick, Joe (R)
Hayes, Dave (R)
Smith, Norma (R)
Bergquist, Steve (D)
Hudgins, Zack (D)
Condotta, Cary (R)
Steele, Mike (R)
Dent, Tom (R)
Manweller, Matt (R)
Johnson, Norm (R)
McCabe, Gina (R)
Chandler, Bruce (R)
Taylor, David (R)

Shelley.Kloba@leg.wa.gov
Derek.Stanford@leg.wa.gov
Andrew.Barkis@leg.wa.gov
JT.Wilcox@leg.wa.gov
Timm.Ormsby@leg.wa.gov
Marcus.Riccelli@leg.wa.gov
Bob.McCaslin@leg.wa.gov
Matt.Shea@leg.wa.gov
Paul.Graves@leg.wa.gov
Jay.Rodne@leg.wa.gov
Jeff.Holy@leg.wa.gov
Mike.Volz@leg.wa.gov
Joel.Kretz@leg.wa.gov
Jacquelin.Maycumber@leg.wa.gov
Larry.Haler@leg.wa.gov
Brad.Klippert@leg.wa.gov
Mary.Dye@leg.wa.gov
Joe.Schmick@leg.wa.gov
Dave.Hayes@leg.wa.gov
Norma.Smith@leg.wa.gov
Steve.Bergquist@leg.wa.gov
Zack.Hudgins@leg.wa.gov
Cary.Condotta@leg.wa.gov
mike.steele@leg.wa.gov
Tom.Dent@leg.wa.gov
Matt.Manweller@leg.wa.gov
Norm.Johnson@leg.wa.gov
Gina.McCabe@leg.wa.gov
Bruce.Chandler@leg.wa.gov
David.Taylor@leg.wa.gov

 Jenkin, Bill (R)
Nealey, Terry (R)
Harris, Paul (R)
Kraft, Vicki (R)
Pike, Liz (R)
Vick, Brandon (R)
Blake, Brian (D)
Walsh, Jim (R)
DeBolt, Richard (R)
Orcutt, Ed (R)
Ortiz-Self, Lillian (D)
Peterson, Strom (D)
Doglio, Beth (D)
Dolan, Laurie (D)
Appleton, Sherry (D)
Hansen, Drew (D)
Chapman, Mike (D)
Tharinger, Steve (D)
McDonald, Joyce (R)
Stambaugh, Melanie
(R)
Caldier, Michelle (R)
Young, Jesse (R)
Wylie, Sharon (D)
Fey, Jake (D)
Jinkins, Laurie (D)
Kilduff, Christine (D)
Muri, Dick (R)
Kirby, Steve (D)
Sawyer, David (D)
Pellicciotti, Mike (D)
Reeves, Kristine (D)
Irwin, Morgan (R)
Stokesbary, Drew (R)
Kagi, Ruth (D)
Ryu, Cindy (D)
Gregerson, Mia (D)
Orwall, Tina (D)

Bill.Jenkin@leg.wa.gov
Terry.Nealey@leg.wa.gov
Paul.Harris@leg.wa.gov
Vicki.Kraft@leg.wa.gov
Liz.Pike@leg.wa.gov
Brandon.Vick@leg.wa.gov
Brian.Blake@leg.wa.gov
Jim.Walsh@leg.wa.gov
Richard.DeBolt@leg.wa.gov
Ed.Orcutt@leg.wa.gov
Lillian.Ortiz-Self@leg.wa.gov
Strom.Peterson@leg.wa.gov
Beth.Doglio@leg.wa.gov
Laurie.Dolan@leg.wa.gov
Sherry.Appleton@leg.wa.gov
Drew.Hansen@leg.wa.gov
Mike.Chapman@leg.wa.gov
Steve.Tharinger@leg.wa.gov
Joyce.McDonald@leg.wa.gov
Melanie.Stambaugh@leg.wa.gov
Michelle.Caldier@leg.wa.gov
Jesse.Young@leg.wa.gov
Sharon.Wylie@leg.wa.gov
Jake.Fey@leg.wa.gov
Laurie.Jinkins@leg.wa.gov
Christine.Kilduff@leg.wa.gov
Dick.Muri@leg.wa.gov
Steve.Kirby@leg.wa.gov
David.Sawyer@leg.wa.gov
Mike.Pellicciotti@leg.wa.gov
Kristine.Reeves@leg.wa.gov
Morgan.Irwin@leg.wa.gov
Drew.Stokesbary@leg.wa.gov
Ruth.Kagi@leg.wa.gov
Cindy.Ryu@leg.wa.gov
Mia.Gregerson@leg.wa.gov
Tina.Orwall@leg.wa.gov

 Cody, Eileen (D)
Fitzgibbon, Joe (D)
Griffey, Dan (R)
MacEwen, Drew (R)
Frame, Noel (D)
Tarleton, Gael (D)
Pettigrew, Eric (D)
Santos, Sharon Tomiko
(D)
Robinson, June (D)
Sells, Mike (D)
Koster, John (R)
Lytton, Kristine (D)
Morris, Jeff (D)
Clibborn, Judy (D)
Senn, Tana (D)
Buys, Vincent (R)
Van Werven, Luanne
(R)
Macri, Nicole (D)
Harmsworth, Mark (R)
Lovick, John (D)
Goodman, Roger (D)
Springer, Larry (D)
Rep. Javier Valdez
Pollet, Gerry (D)
Hargrove, Mark (R)
Sullivan, Pat (D)
McBride, Joan (D)
Slatter, Vandana (D)
Stonier, Monica Jurado
(D)

Eileen.Cody@leg.wa.gov
Joe.Fitzgibbon@leg.wa.gov
Dan.Griffey@leg.wa.gov
Drew.MacEwen@leg.wa.gov
Noel.Frame@leg.wa.gov
Gael.Tarleton@leg.wa.gov
Eric.Pettigrew@leg.wa.gov
SharonTomiko.Santos@leg.wa.gov
June.Robinson@leg.wa.gov
Mike.Sells@leg.wa.gov
john.koster@leg.wa.gov
Kristine.Lytton@leg.wa.gov
Jeff.Morris@leg.wa.gov
Judy.Clibborn@leg.wa.gov
Tana.Senn@leg.wa.gov
Vincent.Buys@leg.wa.gov
Luanne.VanWerven@leg.wa.gov
Nicole.Macri@leg.wa.gov
Mark.Harmsworth@leg.wa.gov
John.Lovick@leg.wa.gov
Roger.Goodman@leg.wa.gov
Larry.Springer@leg.wa.gov
Javier.Valdez@leg.wa.gov
Gerry.Pollet@leg.wa.gov
Mark.Hargrove@leg.wa.gov
Pat.Sullivan@leg.wa.gov
Joan.McBride@leg.wa.gov
Vandana.Slatter@leg.wa.gov
Monica.Stonier@leg.wa.gov